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Saturday, June 29, 2013

The morning after two important—and troubling—Supreme Court decisions
in the Proposition 8 and Defense of Marriage Act (DOMA) cases, here’s
the lay of the land. The important takeaway: The marriage debate is every bit as live today
as it was yesterday morning…and that means it’s time to redouble our
efforts to stand for marriage across America. Some key numbers following
the decisions:

50 The number of states whose marriage laws remain the same after the Court’s marriage decisions.38 The number of states with laws defining marriage as the union of a man and a woman.
That includes California, where the scope of today’s Prop 8 decision
beyond the specific plaintiffs will be the subject of ongoing debate
and, most likely, further litigation.12 The number of states that can now force the federal government
to recognize their redefinition of marriage. The Court struck Section 3
of DOMA, which means that it must recognize same-sex marriages in
states that redefine marriage.1 The number of sections of the Defense of Marriage Act struck down
yesterday (Section 3). Section 2, which ensures that no state will be
forced to recognize another state’s redefinition of marriage, is still
law.0 The number of states forced to recognize other states’ redefinition of marriage.
The important news you may not be hearing is that the U.S. Supreme
Court did not redefine marriage across the nation. That means the debate about marriage will continue.
States are free to uphold policies recognizing that marriage is the
union of a man and a woman, so that children have a mother and a father.

States will lead the way even as we work to restore clear marriage
policy at the federal level. And in the states, support for marriage as
the union of a man and a woman remains strong.

Still, the Court should have respected the authority of California citizens and Congress. On DOMA, the Court did not respect Congress’s authority to define marriage for the purposes of federal programs and benefits. The Court got federalism wrong.

On Proposition 8, the citizens of California who voted twice to pass
Prop 8 should have been able to count on their Governor and Attorney
General to defend the state’s constitution. That’s what democratic
self-government is all about.

Now more than ever, we need to make it clear why marriage as the
union of a man and a woman matters—for children, for civil society, and
for limited government. As citizens, we all need to be prepared to make
the case for marriage. That’s why we at Heritage have worked with allies
to produce a booklet called “What You Need to Know about Marriage.” Download your free copy at TheMarriageFacts.com.

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